F 142 
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Copy 1 







RBPORT 



PROCEEDINGS 







IS 




APPOINTED TO LOCATE AND MARK OUT, 
r.Y STAKES AND BUOYS, 



The True Boiiiiilary Line Between New York and New Jersey 



In Lands Under Water in Raritan Bay. 



TRKN'TON. N. J.: 

The John L. Mci:riiY rii;i.isiu.NG Co., Trixteks. 

1SS7. 



REPORT 



PROCEEDINGS 




Jersey BouNom Commission 



APPOINTED TO LOCATE AND MARK OUT, 
BY STAKES AND BUOYS, 



The True Boundary Line Between New York and New Jersey, 



In Lands Under Water in Raritan Bay. 



TRENTON, N. J. : 

The John L. Murphy Publishing Co., Printkes. 

1887. 



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of 



New Jersey Boundary Commission, ^ 

Office of the Commissioners, v 

No. 47 Montgomery St., Jersey City, N. J. J 

To Hia Excellency Robert S. Green, Governor of the State of New 
Jersey : 

Sir — On behalf of the Commissiouers appointed to locate and mark 
out by stakes and buoys the true boundary line between New York 
and New Jersey in lands under water in Raritan bay, and by their 
direction, I have the honor herewith to transmit to the Legislature a 
report of their proceedings, both in separate session and in joint con- 
ference with the Commissioners a])pointed for a like purjiose by the 
State of New York, together with a descrij)tion of the line agreed 
upon and a statement as to the number and location of the buoys set. 
Very respectfully, 

R. C. BACOT, 

December 20th, 1887. Secretary New Jersey Commission. 

(3) 



REPORT. 



To the Legislature of the State of New Jersey : 

The Commissioners appointed by the Governor[of the State'of New 
Jersey, under authority of a joint resolution passed in 1886, to locate 
and mark out the true boundary line between New York and New 
Jersey in lands under water in Raritan bay, respectfully submit a 
report of their proceedings, together with a descri])tion of the line 
determined upon and a copy of the agreement made with the Cona- 
missioners appointed for a like purpose on the part of New York. 

The authority under which the Commissioners have conducted this 
work is derived from the resolution above mentioned, which rosolu- 
tion is as follows : 

JOINT EE80LUTION. 

" Joint Resolution authorizing the appointment of a commission to 
locate and mark out the boundary line betAveen the state of New 
Jersey and the state of New York in Raritan bay. 

" Whereas, Disputes are constantly arising between citizens of 
this state and citizens of the state of New York, engaged in shell 
fisheries in Raritan bay, as to the boundary line between the two 
states in land under water in Raritan bay ; and whereas, that by rea- 
son of the absence of any means to locate the boundary line, there 
exists an uncertainty about the location thereof between the state of 
New Jersey and the state of New York, as defined in the act entitled 
'An act for the settlement of the territorial limits and jurisdiction 
between the states of New Jersey and New York,' passed the sixth 
day of February, one thousand eight hundred and thirty-three; now, 
therefore, 

" Sec. 1. Be it resolved by the Senate and General Assembly of 
the State of New Jersey, That the governor of this state be and he is 
hereby authorized to appoint three commissioners, with power on the 
part of the state to meet any autiioritics of the state of New York 
who may be duly authorized, and with them to locate and mark out 
by proper buoys the boundary line between the two states in laud 

(5) 



6 NEW JERSEY BOUNDARY COMMISSION. 

under water in Raritan bay ; that the expenses of said commission 
shall be paid by the treasurer, on the warrant of the comptroller, after 
first being approved by the governor. 

" Sec. 2. That this resolution take eifect immediately." 

Pursuant to the resolution above mentioned, His Excellency Gov- 
ernor Green appointed Robert C. Bacot, A. B. Stoney and George H. 
Cook as the committee on the part of New Jersey. 

The Commissioners on the part of New York were appointed by 
His Excellency Governor Hill under an act passed in 1887, the text 
of which is as follows : 



LAWS OF NEW YORK, BY AUTHORITY, CHAPTER 69. 

"An Act for the settlement of territorial disputes in regard to the 
lands under water in Raritan bay. 

"Passed March 15th, 1887, three-fifths being present. 

" The People of the State of New York, represented in Sen- 
ate and Assembly, do enact as follows : 

"Sec. 1. The governor shall appoint three commissioners, who 
shall have full power, on the part of the state of New York, to meet 
the commissioners appointed or to be appointed by the state of New 
Jersey, and with them locate and mark out, by proper monuments 
and buoys, the true boundary line between the two states in lands 
under water in Raritan bay. 

" Sec. 2. The said commissioners, within one year from the passage 
of this act, shall file with the secretary of the state of New York, a 
map showing such boundary line. 

" Sec. 3. The expenses of the said commissioners, not exceeding 
one thousand dollars, shall be paid by the treasurer, upon the warrant 
of the comptroller, after being first approved by the governor. 

" Sec. 4. This act shall take effect immediately." 

" State of New York, \ 

" Office of the Secretary of State, / ^^' 

" I have compared the preceding with the original law on file in 
this office, and do hereby certify that the same is a correct transcript 
therefrom and of the whole of said original law. 

"FREDERICK COOK, 

"Secretary of State." 

Before proceeding to give in detail the operations of the Commis- 
sioners thus authorized and appointed, it may be well to state the 



NEW JERSEY BOUNDARY COMMISSION. 7 

causes that led to the enactment of the laws under which the Com- 
missions were created. 

The great value of the lands under water in Raritan bay for the 
cultivation of oysters became apparent early in the present century. 
The long, shallow, land-locked bay, subject to the constant ebb and flow 
of ocean tides and fed by many fresh-water streams, possessed every 
requisite necessary for the successful and profitable cultivation of 
every variety of shell-fish. The salt water was their natural ele- 
ment ; the fresh-water streams brought an abundance of animal and 
vegetable life necessary for their growth and development, and the 
hard, sandy bottom of the bay afforded a bed upon which they could 
be planted with security. 

Beds of natural growth, where oysters grew in great abundance, 
were found by the first settlers, and for a long time these proved suffi- 
cient to satisfy the wants of the scanty population. But the increas- 
ing demand resulting from the rapid growth of population in the 
interior, and the consequent danger of depletion and exhaustion of 
the natural beds from over-fishing, rendered some method of artificial 
propagation imperative, and about 1810 oysters were first planted and 
cultivated. At first, all the lands under water in the bay were con- 
sidered as common to the residents of both States, and no attempt 
was made to divide them according to State lines. Only when the 
industry began to grow in importance, and the lands, consequently, to 
increase in value, did local jealousies arise and disputes between citi- 
zens of New York and citizens of New Jersey become common. 

These disputes soon grew to be of a serious nature, and sometimes 
ended in bloodshed. Especially was this so after legislative enact- 
ments had been passed by each State making it a misdemeanor for 
citizens to take or cultivate oysters in the waters of the other State. 
No attempt, however, was made to locate or define the boundary line 
until 1834, when an agreement was made and ratified between the 
two States, by which the boundary line was said to be " the middle 
of the bay to the main sea." This, though vague, was sufficiently 
definite for a long time. The rapidly-increasing number of planters 
and the great demand for oyster-lands soon led to the occupation, in 
the most valuable part of the bay, of every availal)le piece of ground, 
and the indefinite nature of the description of the boundary line given 
in the agreement of 1834 became a source of constant dispute. 

The agreement, it is true, stated that the boundary line should be 



8 NEW JERSEY BOUNDARY COMMISSION. 

the middle of the bay ; and were both shores perfectly straight this 
would have been a line easily located, but where the shores were 
alternately coves and projecting points, the question of determining 
a just, central boundary was one of great difficulty. 

Whether, in dividing the bay, the areas of coves should be taken 
into consideration, or whether lines should be drawn from head- 
land to headland and used as base-lines from which the area of 
the bay should be computed and divided, were the questions first to 
be settled before any satisfactory boundary line could be located and 
defined. 

It was impossible for those directly interested and at work in the 
bay to arrive at any conclusion as to where the boundary ought to 
be, that would be mutually satisfactory, and petitions numerously 
signed were frequently sent to the Legislatures of the two States by 
the oystermen, praying that some means be taken to establish such a 
line, but nothing was done until 1886, when the law creating the 
present New Jersey Commission was passed. 

New York followed, in 1887, with a like enactment, and this dis- 
pute of so long standing became now in a fair way to be finally 
settled. 



PROCEEDINGS OF THE lOINT COMMISSION. 



FIRST MEETING. 

Minutes of the first meeting of the Joint Commission to locate the 
boundary line between New York and New Jersey in lands under 
water in Raritan bay, held at the Astor House, New York city, 
April 29th, 1887. 

Present — Prof. George H. Cook, Robert C. Bacot and A. B. 
Stoney, on the part of New Jersey ; and Robert Moore and Lieut. 
G. C. Hanus, on the part of New York, Mr. Ha^eltine, of New 
York, being absent. 

Permanent organization was effected by the election of A. B. 
Stoney, chairman, and Edward P. Doyle, secretary. 

Mr. Robert Moore then offered the following resolution, which wa» 
unanimously adopted : 

Resolved, That Robert C. Bacot, of New Jersey, and Lieut. G. C. 
Hanus, U. S. N., of New York, be appointed a committee to examine 
the records and collect and prepare the information, with the assist- 
ance of the Secretary, necessary for the use of the Commission, and 
that they be authorized to expend the necessary moneys for traveling 
and incidental expenses. 

On motion of Robert Moore, three maps were ordered from the 
U. S. Coast and Geodetic Survey, for the use of the Commission. 

On motion. Prof. Cook and Lieut. Hanus were appointed a com- 
mittee to communicate with the Light-House Board and request that 
the Board furnish the Commission with the necessary buoys. 

On motion, the Secretary was authorized to procure the stationery 
necessary for the use of the Commission. 

The Secretary was directed to communicate with Governor Green 
and procure from him a copy of the papers sent him by Colonel Rice, 
relative to the New York Commission, 

(9) 



10 NEW JERSEY BOUNDARY COMMISSION. 

On motion, meeting adjourned to meet May 9th, 1887, at 1 o'clock, 
at 47 Montgomery street, Jersey City, New Jersey. 

EDWARD P. DOYLE, 

Secretary Joint Commission, 

New York and New Jersey. 



SECOND MEETING. 

May 9th, 1887. 

Minutes of the second meeting of the Joint Commission to deter- 
mine the boundary line between New York and New Jersey, in lands 
under water in Raritan bay. 

Present — A. B. Stoney, of New Jersey, chairman ; Robert C. Bacot 
and George H. Cook, of New Jersey ; Lieut. G. C. Hanus, U. S. N. ; 
M. W. Hazeltine and Robert Moore, of New York. 

Lieut. Hanus reported on behalf of the committee appointed to 
collect and prepare information necessary for the use of the Commis- 
sion, that the committee had visited Washington and had obtained 
much information but had not yet finished its work, and desired to 
report progress and ask for additional time. 

The request for additional time was granted and the committee 
continued. 

Prof. Cook, on behalf of the committee appointed to request the 
Light-House Board to lend Commission certain assistance, reported 
that the committee had called on the Secretary of the Board at Wash- 
ington, and had found him adverse to granting the request, but the 
committee believe that the request would be ultimately granted. He 
desired to report progress and ask for additional time. The request 
was granted and the committee continued. 

After some discussion the Commission then adjourned to meet 
Monday, May 16th, 1887, at 12 o'clock m., at the Astor House, New 
York. 

EDWARD P. DOYLE, 

Secretary. 



NEW JERSEY BOUNDARY COMMISSION. 11 



THIRD MEETING. 

May 16th, 1887. 
Minutes of the third meeting of the Joint Boundary Commission 
to locate the true boundary line between New York and New Jersey, 
:in lands under water in Raritau bay. 

Meeting called to order by Prof. G. H. Cook in the absence of Mr. 
Stoney. 

Present — Prof. George H. Cook and Robert C. Bacot, on the part 
of New Jersey; Robert Moore, M. W. Hazeltine and Lieut. G. C. 
Hanus, U. S. N., on the part of New York. « 

In the absence of Mr. Doyle, Robert Moore acted as Secretary. 
No business was transacted, and the meeting adjourned subject to the 
call of either of the chairmen of committees. 

EDWARD P. DOYLE, 

Secretary. 



FOURTH MEETING. 

May 26th, 1887. 

Minutes of the fourth meeting of the Joint Commission to locate 
the true boundary line in lands under water in Raritan bay. 

Meeting called to order by Prof. George H. Cook in the absence of 
^Ir. Stoney. 

Present — George H. Cook and Robert C. Bacot, on the part of 
New Jersey ; and Robert Moore, M. W. Hazeltine and Lieut. G. C. 
Hanus, on the part of New York. 

Minutes of the last meeting read and approved. 

Lieut. G. C. Hanus, from the committee appointed to collect and 
prepare the information necessary for the use of the Commission, 
made the following report : 

Joint Boundary Commission, New York and New Jersey : 

Gentlemen — Haviug been appointed by you as a committee to 
collect and prepare information necessary for the use of the Commis- 
sion we have the honor to report that we have made a very extensive 
search for a precedent which might be of use in this case. We have 
visited the libraries in New York city, consulted a great number of 
authorities and made a personal investigation among the archives of 
the State Departments at Washington, Albany and Trenton. Several 



12 NEW JERSEY BOUNDARY COMMISSION. 

hundred books, pamphlets and maps, bearing on boundary settlements^ 
were examined by your committee. It will be seen from the follow- 
ing extracts that this Commission will have to establish a very im- 
portant precedent, i. e., they will have to define what is meant by the 
middle of an arm of the sea where (as in this case) the shores are 
not parallel, and where the value of land under water has to be taken 
into consideration. 

The committee have made such a thorough investigation that they 
feel justified in reporting to the Joint Commission that the point as 
to what constituted the middle has never before been settled. The 
following are a few of the extracts made by your committee and may 
be of some slight use in the settlement of our boundary : 

AMERICAN INTERSTATE LAW (dAVID RORER), IOWA, PAGES 334 

and 335. 

TIDE-WATERS. 

" 2. The shores of any ground under the navigable waters, belong 
to the States, not by grant from the general government, but because 
they were never parted with. * * * But this ownership, or 
right of the several States, is subject to the national government in 
reference to a regulation of commerce." 

This paragraph is quoted because it shows that in defining our 
boundary line we must confine ourselves to the use of buoys. Monu- 
ments would be obstructions to navigation. 

Paragraph 3 of the above work says : 

" When two States have co-terminous boundaries on such water, 
each takes jurisdiction, and counties of such States expressed to be 
bounded by such waters will be held to extend such boundaries in 
the center of the river of water, although in the law creating them, 
they may be said to extend to low-water mark. * * * Each 
State and its citizens has the exclusive right of fishery in its own 
internal waters and may prevent the taking thereof by citizens of 
other States." 

On page 337, in speaking of rivers, the author says : " The actual 
territorial boundary of each State is the main channel of the river."^ 
It will be noted that in the case of other waters the vague term 
'' center " is used. 



NEW JERSEY BOUNDARY COMMISSION. 13 

Gould on Waters, sec. 4 : "By law of England the Crown has the 
right of property in the arms of inlets of the sea within the realm ; 
* * * this right includes the bed of all tide-waters which are or 
may be within the counties. * * * Xhe territorial jurisdiction 
of a State now extends seaward three geographical miles. * * * 
This external limit of jurisdiction is determined by measuring seaward 
from a straight line drawn from one inclosing headland to another." 

New York R. S., 3d ed., 78, 79 : " Whenever two counties are 
separated from each other by a river or creek, the middle of the 
channel is the dividing line," &c. 

Court of Appeals (Joel TitFany), New York and Conn, (speaking 
of the boundary) : " So far as the two States are co-terminous it ex- 
tends to the middle of the sound, if not to a line running directly 
from Fisher's Island to Lyon's Point." 

United States Digest, vol. 3. New Hampshire, page 146 : 
" Where two towns are situated on opposite sides of a river and both 
are bounded on the river, the line between them is the center of the 
river, measuring from bank to bank." 

" Revised Statutes of Maine, 1883." This work is referred to 
because it shows how boundaries have been run in that State where 
the shores of the waters are not parallel, as is the case in Raritan bay. 
Thev generally ran from fixed points on compass courses to other 
points. 

New Jersey Digest of Reports, 1790 to 1876, Mart. 1, page 104 : 
" The Supreme Court of the United States has exclusive jurisdiction 
between States, except where there has been a compact. * * * 
Whether a particular place is within the boundaries of a State is a 
question of fact for a jury." 

"Angell on Tide-waters." This volume, while it does not bear 
directly on our case, contains useful information on the subject of 
headlands, to the right of fishing, oysters, &c. 

" In Error to the Circuit Court of United States, District of New 
Jersey. Defendant in error, the lessee, William C. H. Wardell, 
instituted, April term, 1835, an action for ejectment against M. Maz- 
lin and others for recovery of certain lands under water in Raritan 
bay, in the State of New Jersey. The jury found the premises in 
dispute are situated beneath the waters of the Raritan bay and river, 
where the tide ebbs and flows. That the plaintiffs in the ejectment 
claimed title under regular conveyance, &c., &c., and, in short, they 



14 NEW JERSEY BOUNDARY COMMISSION. 

owned everything under original charter granted to the Duke of 
York." 

Howard's Reports, vol. 7, page 660, Missouri Constitution : " From 
a point in the middle of the Kansas river, * * * running due 
north along a meridian line to the intersection of the parallel of lati- 
tude," &c., &c. 

This paragraph is quoted because the boundary is defined by com- 
pass course instead of following the middle of the river, which it is 
so difficult to define. 

Howard's Reports, vol. 4, Rhode Island v. Massachusetts, pages 
691 and 692 : '' For the security of rights, whether of States or indi- 
viduals, long possession, under a claim of title, is protected. And 
there is no controversy in which this great principle may be invoked 
with greater justice and propriety than in a case of disputed bound- 
ary." — (Supreme Court.) 

"The Boundary of Connecticut. Bowen. Disputes lasting 250 
years." In the map in this pamphlet, showing the boundary between 
New York and Connecticut, the boundary line is straight and as near 
the center of the sound as may be until near Fisher's Island sound,, 
when changes of course are made, but always in straight lines ; the 
boundary line is never a curve. 

North American Boundary A, page 41, House of Representatives, 
Maine, a line to be drawn along the middle of the river St. Croix. 
In connection with this expression, there is this foot-note on page 27 : 

" The term ' concipictus ' appears to point to the general practice of 
communicating between the St. Croix and Quebec by way of the 
rivers, as if it were said the practice hitherto has been to go circuit- 
ously by the rivers, but the true boundary is to be conceived as a 
straight line. 

" ' The Norway ' v. Jensen, 52 Illinois Reports 373, 380. In Illi- 
nois the lines of counties bordering on Lake Michigan have no por- 
tion of the waters of the lake assigned to them, yet the territorial 
limits of the State extend to the center line of said lake." 

We also recommend to the Commission the following works ; 
Tuler's Law of Boundaries, Vattel's Law of Nations, Kent's Com- 
mentaries and the case of The People v. The Central R. R. Co. of 
N. J., 42 N. Y. Reports 283-316. 

The committee required a longer time to complete its researches 
than the extracts from the works quoted might warrant, but we 
respectfully call attention to the fact that from the greater number of 



% 



NEW JERSEY BOUNDARY COMMISSION. 15 

authorities consulted no extracts were made, since nothing was found 
in them which in any way bore on the work of this Commission, and 
even if you were inclined to grant your committee further time, they 
are now fully convinced that they would be unable to find anything 
further bearing on this case. 

Very respectfully, 

R. C. Bacot, 

G. C. Hanus, Lieutenant U. S. Navy. 

On motion of Robert Moore, the report of the committee waa 
received and placed on file. 

On motion of Robert Moore, it was unanimously 

Resolved, That the question as to how the vote of the Commissions 
shall be counted, be referred to the separate Commissions to report at 
the next meeting. 

On motion of M. W. Hazeltine, the Chair was directed to appoint 
a committee of two, one from each State, to compute the areas of the 
waters of both States included in the treaty of 1834, and also to deter- 
mine the headlands to be taken as forming points on each shore from 
which calculation should be made of areas of coves. 

Bill of the United States Coast and Geodetic Survey for $42.86, 
for a projection of Raritan bay, was ordered paid. 

Lieut. G. C. Hanus, from the committee appointed to confer with 
the Light-House Board in relation to procuring buoys, &c., free of 
charge, reported progress, and asked to be continued, which request 
was granted. 

The Commission then adjourned to meet at the call of either of the 
chairmen of committees. 

EDWARD P. DOYLE, 

Seeretary. 



FIFTH MEETING. 

July 11th, 1887. 
Minutes of fifth meeting. 

Present — A. B. Stoney, on the part of New Jersey, and Lieut. G. 
C. Hanus, U. S. N., and Robert Moore, on the part of New York. 
There not being a quorum present, adjourned to meet at call of 

Secretary. 

EDWARD P. DOYLE, 

Secretary, 



16 NEW JERSEY BOUNDARY COMMISSION. 



SIXTH MEETING. 

Sixth meeting of Joint Boundary Commission, held Wednesday 
August 17th, 1887, at 1 p. m. 

Present — M. W. Hazel tine, Robert Moore and Lieut. G. C. Han us, 
on the part of New York, and George H. Cook, Robert C. Bacot 
and A. B. Stoney, on the part of New Jersey. 

Meeting called to order by Chairman Stoney, and minutes of last 
meeting read and approved. 

Committee appointed to ascertain area of land under water in 
Raritan bay, and to determine the headlands to be used as primary 
points in locating the boundary, reported disagreement, and presented 
two maps, one prepared by Lieut. Hanus and the other by Mr. Bacot. 

A long discussion followed, but no action was taken on the report. 

On motion of Mr. Hazeltine, Captain Hanus and Prof. Geo. H. 
Cook were appointed a committee and authorized to visit Washing- 
ton, and endeavor to ascertain what were the headlands forming the 
entrance to Raritan bay. 

On motion of Mr. Hazeltine, it was carried that in the event of but 
two members of the Commission from one State being present, they 
should be entitled to cast the vote of the State. 

Moved by Mr. Hazeltine, and carried, that four members of the 
Joint Commission shall constitute a quorum, provided that the four 
shall be present, and at least two members from each State. 

On motion, meeting adjourned to meet Saturday, August 27th, 1887, 
at 1 P. M. 

EDWARD P. DOYLE, 

Secretary. 



SEVENTH MEETING. 

Seventh meeting of the Joint Boundary Commission held Satur- 
day, August 27th, at 1 p. m. 

Present — George H. Cook, A. B. Stoney and R. C. Bacot, on the 
part of New Jersey, and Robert Moore and Lieut. G. C. Hanus, U. 
S. N., on the part of New York. 

Meeting called to order by Chairman Stoney, and minutes of last 
meeting read and approved. 



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NEW JERSEY BOUNDARY COMMISSION. 17 

In behalf of the special committee appointed to visit Washington 
and endeavor to ascertain the headlands forming the entrance to Rari- 
tan bay, Prof. George H. Cook, of New Jersey, reported that the com- 
mittee had visited Washington, and called at the office of the Secretary 
of State, but could get no information that would tend to settle the 
questions in dispute. 

On motion of Robert Moore, the report was received and the com- 
mittee continued. 

On motion of Robert Moore, it was ordered that when the Com- 
mission adjourned it adjourn to meet at Perth Amboy, N. J., on 
Tuesday, September 6th, 1887, at 9 a. m., for the purpose of taking 
a steamer and visiting Raritan bay. 

On motion of Lieut. Hanus, Commission adjourned. 

EDWARD P. DOYLE, 

Secretary. 



EIGHTH MEETING. 

Eighth meeting of the Joint Boundary Commission, on board the 
tug M. F. Cahill, Tuesday, September 6th, 1887. 

After a trip through Raritan bay, during which a number of ob- 
servations were taken by Lieut. Hanus, and much valuable informa- 
tion obtained, the Commissioners met in the cabin of the tug. 

The Commissioners present were Lieut. G. C. Hanus, U. S. N., 
and Robert Moore, on the part of New York, and A. B. Stoney, 
Robert C. Bacot and George H. Cook, on the part of New Jersey. 

Minutes of last meeting read and approved. 

On motion, Lieut. G. C. Hanus and Robert C. Bacot were appointed 
a committee to locate and designate the point where the break in the 
boundary line between Great Beds light and Romer beacon should 
lie, it having been informally agreed upon by the Commissioners that 
the line from Great Beds to Romer beacon should have but one turn- 
ing point. 

On motion, meeting adjourned subject to call of chairman of com- 
mittee. ' 

EDWARD P. DOYLE, 

Secretary. 



NEW JERSEY BOUNDARY COMMISSION. 



NINTH MEETING. 

Ninth meeting of the Joint Boundary Commission, held Wednes- 
day, September 21st, at 47 Montomery street, Jersey City, New 
Jersey. 

Present — Robert C. Bacot and George H. Cook, on the part of 
New Jersey ; and Robert Moore and Lieut. G. C. Hanus, U. S. N., 
on the part of New York. 

In the absence of A. B. Stoney, the meeting was called to order by 
Robert Moore, and, on motion, Prof. George H. Cook was made 
Chairman pro tern. 

The minutes of the previous meeting were read a"nd approved. 

The committee appointed to locate the point at which the only 
break in the boundary line should occur, reported that they had 
agreed upon a point at the intersection of a line drawn from Morgan 
No. 2 point, U. S. Coast and Geodetic Survey, to the " Romer stone 
beacon," and a line drawn from Great Beds light-house to Wilson's 
beacon, in Monmouth county. 

On motion, the report of the committee was adopted. 

After a long discussion, the following-described line was then 
unanimously agreed upon as the boundary line between the two States, 
in lands under water in Raritan bay. 

First. From " Great Beds light-house," in Raritan bay, north, 
twenty degrees sixteen minutes west, true, to a point in the middle of 
the waters of Arthur Kill, or Staten Island sound, equidistant between 
the southwesterly corner of the dwelling-house of David C. Butler, 
at Ward's Point, on Staten Island, in the State of New York, at the 
southeasterly corner of the brick building on the lands of Cortlandt 
L. Parker, at the intersection of the westerly line of Water street 
with the northerly line of Lewis street, in Perth Amboy, in the State 
of New Jersey. 

Second. From " Great Beds light-house" south, sixty-four degrees 
and twenty-one minutes east, true, (S. 64° 21' E.), in line with the 
center of Waackaack or Wilson's beacon, in Monmouth county, New 
Jersey, to a point at the intersection of said line with a line connect- 
ing " Morgan No. 2 " Triaugulation Point, U. S. Coast and Geodetic 
Survey, in Middlesex county. New Jersey, with the "Granite and Iron 



NEW JERSEY BOUNDARY COMMISSION. lf> 

beacon," marked on the accompanying maps as " Romer stone beacon," . 
situated on the " Dry Romer shoal ; " and thence on a line bearing 
north, seventy-seven degrees and nine minutes east, true, (N. 77° 9' 
E.), connecting "Morgan No. 2" Triangulation Point, U. S. Coast 
and Geodetic Survey, in Middlesex county. New Jersey, with said 
" Romer stone beacon " (the line passing through said beacon and 
continuing in the same direction), to a point at its intersection with a 
line drawn between the " Hook beacon," on Sandy Hook, New Jer- 
sey, and the Triangulation Point of the U. S. Geodetic Survey^ 
known as the Oriental Hotel, on Coney Island, New York ; then 
southeasterly, at right angles with the last-mentioned line, to the 
main sea. 

Third. The monumental marks by which said boundary line shall 
be hereafter known and recognized, are hereby declared to be as 
follows : 

1. The "Great Beds light-house." 

2. A permanent monument marked "State Boundary Line New York 

and New Jersey," and to be placed at the intersection of the line 
drawn from the "Great Beds light-house" to Waackaack or 
Wilson's beacon, Monmouth county. New Jersey, and the line 
drawn from " Morgan No. 2 " Triangulation Point, U. S. Coast 
and Geodetic Survey, in Middlesex county, New Jersey, to the 
"Romer stone beacon." 

3. Eight buoys or spindles, to be marked like the permanent monu- 

ment above mentioned, and placed at suitable intervening points 
along the line from the said permanent monument to the " Romer 
stone beacon." 

4. The " Romer stone beacon." 

Fourth. The maps accompanying and filed with this agreement 
showing the location of the above-described boundary line between 
the State of New York and the State of New Jersey, in Raritan bay 
to the main sea, and of the monumental marks by which it is marked 
and to be marked, duly authenticated and attested by the signatures 
of the said Commissioners, and placed on file in the offices of the 
Secretaries of State of the respective States, shall constitute the perma- 
nent and authentic records of said boundary line, and are hereby 
adopted by the parties hereto and made part of this agreement. 



■20 NEW JERSEY BOUNDARY COMMISSION. 

On motion, the Secretary was directed to endeavor to arrange a 
meeting between Governor Hill, of New York, and Governor Green, 
of New Jersey. 

On motion, the Committee on Buoys were requested to visit Com- 
modore Benham and ascertain what could be arranged with the Light- 
House Department, as to procuring buoys and setting them. 

On motion, meeting adjourned subject to call of the Committee on 

Boundary Lines. 

EDWARD P. DOYLE, 

Secretary. 
Approved after amendment. 



TENTH MEETING. 

Minutes of tenth meeting of the Joint Boundary Commission, 
New York and New Jersey, held October 12th, 1887, at 39 Nassau 
street, New York. 

Present — George H. Cook, Robert C. Bacot and A. B. Stoney, on 
the part of New Jersey, and Robert Moore, M. W. Hazeltine and 
Lieut. G. C. Hanus, U. S. N., on the part of New York. 

The meeting was called to order by the Chairman, and the minutes 
of the previous meeting were read and approved. 

The Secretary then reported that he had visited Albany and spoken 
to the Governor as directed, and that he, the Governor, while unable 
at present to help the Commission, was favorably impressed with its 
work and would render what he could in the future. On motion, the 
report of the Secretary was accepted. 

Lieut. Hanus, from the committee on buoys, &c., reported that the 
Light-House Board of the United States had agreed, in a letter, 
which he read to the Commission, to sell the buoys needed to the 
Commission at cost, and to loan a " tender " to place them. He also 
reported a plan for a permanent monument, to be erected at the 
turning point in the boundary line ; and that the committee had 
interviewed Governor Green, who agreed to approve the bills for the 
expense necessary for the purchase of buoys and the erection of 
monument. 

On motion of Robert Moore, the report of the committee was 
accepted with the thanks of the Commission, and the committee 
-continued. 



NEW JERSEY BOUNDARY COMMISSION. 21 

On motion of M. W. Hazeltine, in was unanimously 

Resolved, That Robert C. Bacot and Lieut. G. C. Hanus be given 
full authority, on behalf of the Commission, to place the eight buoys 
on the line agreed upon, at such points as shall, in their judgment, 
seem proper. 

On motion of George H. Cook, it was unanimously 

Resolved, That the same committee (Messrs. Hanus and Bacot) be 
given full authority, on behalf of the Commission, to build a per- 
manent monument at the point agreed upon in boundary agreement^ 
upon a plan not diiferent as to its general character from the one sub- 
mitted to the Commission by the Committee on Buoys, at a cost not ta 
exceed four thousand dollars ($4,000), one-half of which sum should 
be paid by New Jersey and the other half by New York. 

On motion of M. W. Hazeltine, it was unanimously 

Resolved, That the same committee (Messrs. Hanus and Bacot) be 
given full authority, on behalf of the Commission, to arrange for the 
purchase of eight buoys, at a cost not to exceed four thousand dollars 
($4,000) in all, one-half of which sum should be paid by New York 
and one- half by New Jersey. 

On motion of M. W. Hazeltine, it was carried that the Commis- 
sioners now proceed to formally sign the agreement in duplicate^ 
setting forth the boundary line as determined upon at the last meet- 
ing of the Commission. 

After the agreement had been signed, on motion of George H. Cook,, 
it was carried that the compensation of the Secretary for his services 
to the Joint Commission should be five hundred dollars ($500), half 
of which sum should be paid by New Jersey and half by New York. 

On motion, meeting adjourned subject to the call of the Committee 
on Purchase of Buoys, &c. 

EDWARD P. DOYLE, 

Secretary. 



ELEVENTH MEETING. 



Minutes of eleventh meeting, Joint Boundary Commission, held 
Monday, October 31st, 1887, at 47 Montgomery street, Jersey City^, 
New Jersey. 



22 NEW JERSEY BOUNDARY COMMISSION. 

Present — Robert C. Bacot and George H. Cook, on the part of 
New Jersey ; Robert Moore and Lieut. G. C. Hanus, on the part 
of New York. 

On motion of Robert Moore, George H. Cook was elected Chairman 
pro tern. 

Minutes of last meeting were then read and approved. 

Lieut. Hanus informed the Commission that he had received 
a letter from the Acting Secretary of the Navy, informing him that 
his services were needed by the department, and that he must state 
when he would rejoin his ship. In reply to this letter he had given 
Monday, November 7th, 1887, as the date required. In view of this 
he asked that someone be substituted in his stead on the Commission 
on Buoys, &c. 

On motion, Robert Moore was appointed such substitute, to act in 
the event Lieut. Hanus should be obliged to leave the Commission. 

Mr. Hanus, from the Committee on Buoys, reported that bids had 
been received from four parties for building the permanent monu- 
ment, but that all bids were in excess of the amount allowed for that 
purpose by resolution of the Joint Commission. 

On motion of Robert Moore, the resolution fixing the amount 
allowed for the permanent monument at $4,000, was reconsidered, 
the resolution amended making the amount $6,000, and the amended 
resolution adopted. 

On motion, the Commission directed the committee to use iron for 
casing the permanent monument. 

The committee were authorized to advertise for bids if necessary. 

On motion, meeting adjourned subject to the call of the Chair. 

EDWARD P. DOYLE, 

Secretary. 



TWELFTH MEETING. 

Minutes of twelfth meeting New York and New Jersey Boundary 
Commission, held at 47 Montgomery street, Jersey City, N. J., 
November 30th, 1887. 

Present — Robert C. Bacot, George H. Cook and A. B. Stoney, on 
the part of New Jersey; Robert Moore and Lieut. G. C. Hanus, on 
the part of New York. 

Minutes of last meeting read and approved. 



NEW JERSEY BOUNDARY COMMISSION. 23 

Prof. G. H. Cook reported that application was made by the Com- 
mission immediately after the meeting of October 31st, to the Secre- 
tary of the Navy, for additional leave of absence for Lieut. Hanus, and 
that Secretary Whitney had kindly granted further leave until Decem- 
ber 4th, 1887. 

Lieut. Hanus, from the Committee on Buoys, re])orted as follows : 

Gentlemen — I have the honor to report that the position of the 
permanent beacon has been properly located on the ground. Mr. W. 
G. Ford, Jr., assisted me in its location. It is marked by five stakes, 
the center one having a red flag nailed to it. As this position is very 
important, I subsequently planted a second-class wooden spar-buoy on 
this spot, with the aid of the light-house tender. It is not likely that 
the ice will carry this buoy away, as it is well moored to a heavy stone 
anchor. The following horizontal angles determine its position, which 
is shown on the regular maps of the Commission : 

Wilson beacon to Prince's Bay light-house, 99° 41' 30". 

Prince's Bay light-house to Episcopal spire (Perth Amboy), 64° 9'. 

Episcopal spire (Perth Amboy) to front (shown on map), 83° 14'. 

Front to Wilson beacon, 112° 55' 30". 

Through the kindness of the Light-House Board, I was enabled to 
plant all the buoys without much difficulty, as the expense would have 
been greatly increased had I attempted to do this work alone, owing 
to drift, due to tide or wind. I was fortunate enough to secure the 
services of one of my former assistants. Ensign G. R. French, U. S. 
N., and having thus two observers, we had no difficulty in dropping 
the buoys in the desired places on the boundary line. The buoy 
nearest the monument was placed in the position marked on the map. 
It is a second-class wooden buoy. The following horizontal angles 
determine its position : 

Cupola to Dental chimney (both shown on map), 113° 37'. 

Dental chimney to Episcopal spire (Perth Amboy), 71° 3'. 

The third buoy planted was an iron spar-buoy of the third class ; 
its position is shown on the map. The following angles determine its 
position : 



24 NEW JERSEY BOUNDARY COMMISSION. 

Dental chimney to Prince's Bay light-house, 22° 55'. 

Prince's Bay light-house to Episcopal spire (Perth Amboy), 25° 34'. 

Great Beds to White spire (shown on map), 72° 16'. 

The fourth buoy planted was an iron spar-buoy of the third class ;. 
its position is determined by the following horizontal angles : 

Great Beds light-house to Bayside beacon, 124° 34'. 

Bayside beacon to Sandy Hook light-house, 42° 5'. 

The fifth buoy planted was an iron spar-buoy of the third class f 
its position is determined by the following horizontal angles : 

Elm Tree beacon to Prince's Bay light-house, 96° 6'. 

Prince's Bay light-house to Brown spire (shown on map), 62° 22'. 

The sixth buoy planted was an iron spar-buoy of the third class ; 
its position is determined by the following horizontal angles : 

Elm Tree beacon to Prince's Bay light-house, 92° 6'. 

Prince's Bay light-house to Brown spire, 50° 49'. 

All the above buoys are painted white above the line of flotation 
and green under water. 

The seventh buoy is a wooden can, and can be replaced by an iron 
spar. Its position is determined by the following horizontal angles r 

Elm Tree beacon to Prince's Bay light-house, 74° 32'. 

Prince's Bay light-house to brown spire, 39° 37'. 

As all the above buoys are on the boundary line, it is an easy mat- 
ter now at any time to increase the number by getting the buoys on 
range and dropping others. They would be on the boundary line, and 
their position on that line could be determined near enough for prac- 
tical purposes by compass bearings, unless it became necessary to de- 
termine the position exactly, in which case it would be necessary to 
employ hydrographic engineers. 



NEW JERSEY BOUNDARY COMMISSION. 25 

On motiou of Robert Moore, the report was approved and ordered 
to be spread on the minutes. 

Lieut. Hanus also read a letter from the Light-House Board, loan- 
ing the Committee on Buoys the light-house tender of the Third 
Light-House district for the use of the Commission in planting buoys. 

On motiou of Robert Moore, the Committee on Buoys was in- 
structed to extend the thanks of the Commission to the Light-House 
Board for the use of the tender and buoys, and ascertain how the 
buoys could be replaced. 

On motion of George H. Cook, $100 each was voted W. G. Ford, 
Jr., and Ensign G. R. French, U. S. N., for assistance given Lieut. 
Hanus in determining the boundary line. 

On motion of Robert C. Bacot, 2,000 lithograph copies of a m:ip 
of Raritan bay, showing the boundary line, was ordered — 1,000 
copies for each State. 

On motion of Lieut. G. C. Hanus, the Secretary was directed \o 
write to the Superintendent of the Coast Survey, extending to him 
the thanks of the Commission for his kindness and courtesy. 

On motion of Robert Moore, the meeting adjourned, subject to call 
of the Chair. 

EDWARD P. DOYLE, 

Secretar'y. 



AGREEMENT. 



The agreement, as finally adopted by the Commissiouers, is as 
follows : 

An agreement, made the 12th day of October, in the year 1887, 
between Mayo W. Hazeltine, Robert Moore and Lieut. G. C. Hanus, 
U. S. N., Commissioners on the part of the State of New York, and 
•George H. Cook, Robert C. Bacot and A. B. Stoney, Commissioners 
on the part of the State of New Jersey : 

Whereas, By Chapter 69 of the laws of the State of New York 
for the year 1887, the Governor was authorized to appoint three 
Commissioners on the part of the State of New York, with full 
power to meet with the Commissioners duly authorized on the part 
of the State of New Jersey, and with them to locate and mark out, 
by proper monuments and buoys, the true boundary line between the 
two States in lands under water in Raritan bay ; and 

Whereas, The said Mayo W. Hazeltine, Robert Moore and Lieut. 
'G. C. Hanus, U. S. N., were duly appointed Commissioners on the 
part of the State of New York, for the purposes mentioned in the 
said act; and 

Whereas, By an act of the Legislature of the State of New Jer- 
sey, passed April 20th, 1886, entitled "Joint resolution authorizing 
the appointment of a Commission to locate and mark out the bound- 
ary line between the State of New Jersey and the State of New York 
in Raritan bay," the Governor of the State of New Jersey was au- 
thorized to appoint three Commissioners, with power, on the part of 
the State, to meet any authorities duly authorized on the part of the 
State of New York, and with them to locate, by proper buoys, the 
boundary line between the two States of lands under water in Rari- 
tan bay ; and 

Whereas, The said George H. Cook, Robert C. Bacot and A. B. 

(27) 



28 NEW JERSEY BOUNDARY COMMISSION. 

Stoney were duly appointed Commissioners for the purposes of saidi 
act; and 

Whereas, The said Commissioners acting for and on behalf of" 
their respective States, have entered upon the performance of the 
duties imposed upon them by said act, and have in pursuance of the 
authority of them severally given as aforesaid, agreed and hereby do 
agree upon a boundary line between the two States, in lands under 
water in Raritan bay, and locate the same as follows : 

First. From the " Great Beds light-house," in Raritan bay, north 
(twenty) 20 degrees sixteen minutes west, true, to a point in the mid- 
dle of the waters of Arthur Kill or Staten Island sound, equidistant 
between the southwesterly corner of the dwelling-house of David C. 
Butler, at Ward's Point, on Staten Island, in the State of New York, 
and the southeasterly corner of the brick building on the lands of 
Cortlandt L. Parker, at the intersection of the westerly line of Water 
street with the northerly line of Lewis street, in Perth Amboy, in 
the State of New Jersey. 

Second. From " Great Beds light-house " south, sixty-four degrees 
and twenty-one minutes east, true, (S. 64° 21' E.), in line with the 
centre of Waackaack or Wilson's beacon, in Monmouth county. New 
Jersey, to a point at the intersection of said line with a line connect- 
ing " Morgan No. 2 " Triangulation Point, U. S. Coast and Geodetic 
Survey, in Middlesex county. New Jersey, with the " Granite and Iron 
beacon," marked on the accompanying maps as " Romer stone 
beacon," situated on the " Dry Romer shoal ; " and thence on a line 
bearing north, seventy-seven degrees and nine minutes east, true, (N. 
77° 9' E.), connecting "Morgan No. 2" Triangulation Point, U. S. 
Coast and Geodetic Survey, in Middlesex county. New Jersey, with 
said " Romer stone beacon " (the line passing through said beacon and 
continuing in the same direction) to a point at its intersection with a 
line drawn between the " Hook beacon," on Sandy Hook, New Jersey,, 
and the Triangulation Point of the U. S. Geodetic Survey known as 
the Oriental Hotel, on Coney Island, New York ; then southeasterly,, 
at right angles with the last-mentioned line, to the main sea. 

Third. The monumental marks by which said boundary line shall 
be hereafter known and recognized, are hereby declared to be as- 
follows : 



NEW JERSEY BOUNDARY COMMISSION. 29 

1. The "Great Beds light-house." 

% A permanent monument marked "State Boundary Line New York 
and New Jersey," and to be placed at the intersection of the 
Hue drawn from the " Great Beds light-house " to " Waackaack or 
Wilson's beacon," Monmouth county. New Jersey, and the line 
drawn from " Morgan No. 2 " Triangulation Point, U. S. Coast 
and Geodetic Survey, in Middlesex county, New Jersey, to " Romer 
stone beacon." 

3. Eight buoys or spindles to be marked like the permanent monu- 

ment above mentioned, and placed at suitable intervening points 
along the line from the said permanent monument to the " Romer 
stone beacon." 

4. The " Romer stone beacon." 

Fourth. The maps accompanying and filed with this agreement 
showing the location of the above-described boundary line between 
the State of New York and the State of New Jersey, in Raritan bay 
to the main sea, and of the monumental marks by which it is marked, 
and to be marked duly authenticated and attested by the signatures of 
the said Commissioners, and placed on file in the offices of the Secre- 
taries of State of the respective States, shall constitute the permanent 
and authentic records of said boundary line, and are hereby adopted 
by the parties hereto and made part of this agreement. 

In witness whereof the said Commissioners have hereto set their 
hands and seals in duplicate, this 12th day of October, in the year of 
our Lord 1887. 

M. W, Hazeltine, [l. s.] Geo. H. Cook, [l. s.] 

Robert Moore, [l. s.] Robert C. Bacot, [l. s.] 

G. C. Hanus, Lieut. U. S. N., [l. s.] A. B. Stoney, [l. s.] 

Certified to — 

EDWARD P. DOYLE, 

Secretary Joint Commission. 



30 NEW JERSEY BOUNDARY COMMISSION. 

In conclusion the Commissioners desire to state their great satisfac- 
tion at the completion of their labors as far as the location of the line 
was concerned. 

For a long time the Joint Commission found the work assigned 
them beset with many difficulties. Strange to say, no established 
precedent was to be found upon which the Commissioners could base 
their action for a satisfactory settlement of the questions involved. 
The committee appointed for that purpose searched carefully but 
vainly every recognized authority on international law, without find- 
ing a parallel case to the one at issue. 

Even the exact point or line at which the bay began and the main 
sea ended was also a disputed question, and one of great difficulty to 
determine. Although the committee having this matter in charge 
visited the State Department at Washington, to ascertain, if possible, 
the true limits of the bay, they obtained no definite information, and 
this question, like all at issue, had to be decided by the Commissioners 
without the aid of precedent. 

The settlement of every boundary line seemed invariably to be a 
compromise based on no definite principle of law. 

Learned discourses on international jurisprudence had no weight in 
the proceedings of the Commissions, and the questions in hand were 
almost exclusively settled by consideration of the commercial inter- 
ests involved. 

No established precedent being found, the Commissioners proceeded 
with their work, believing that whatever was a fair and equitable di- 
vision of the entire area of the bay would be a boundary line most 
satisfactory to the citizens of the States represented. A straight line 
between fixed and permanent points was, of course, to be desired, and 
whenever a concession by one State to the other became necessary by 
reason of the undulating character of the shores of the bay, a corres- 
ponding concession was always made. 

The straight line finally adopted was, as has been stated, necessarily 
a compromise, and its accurate location involved an immense amount 
of labor. Many lines were proposed and rejected before the ultimate 
agreement, and each change necessitated new calculations of the areas 
involved. 

Nearly the entire summer was spent by the engineers at this work, 
and numerous maps were prepared. 

The final result, however, was the unanimous agreement upon a. 



NEW JERSEY BOUNDARY COMMISSION. 31 

boundary line just in every particular, and nearly as possible correct 
iu its division of the lands under water in Raritan bay. 

The work remaining to be done by the Commission is compara- 
tively unimportant. In order to mark the line permanently, and in 
such a manner that it could be easily determined by all interested^ 
the Commission decided to build one permanent monument, and set 
eight buoys or spindles, marked " New York and New Jersey State 
Boundary Line." 

The reports of the engineers, the correspondence of the Commis- 
sion, and the table of expenditures, will be found in the Appendix. 



APPENDIX. 



APPENDIX. 



CORRESPONDENCE. 

Treasury Department, "j 

Office of the Light-House Board, V 

Washington, D. C, November 8th, 1887. J 

Hon. A. B. Stoney, Chairman of the Joint Boundary Commission, 
New York and New Jersey, No. 39 Nassau street. New York 
City : 
Sir — The Light-House Board has the honor to inform you that the 
matter of establishing a permanent beacon in Raritan bay, as recom- 
mended by your Commission, at the locality indicated on a piece of 
chart accompanying the letter addressed to the Honorable the Secre- 
tary of War, by a committee of the Commission, consisting of Mr. 
George H. Cook and Lieut. G. C. Hanus, U. S. N., was con- 
sidered by the Board at its session held on this day, when, in view of 
the facts that the proposed beacon would not be an obstruction, and 
possibly might be an aid to navigation, the conclusion was reached 
that the Board saw no objections to the establishment of the beacon as 
recommended by the Joint Boundary Commission. 
Respectfully yours, 

R. D. EVANS, 
Commander, U. S. N, Naval Secretary. 



Treasury Department, ^ 

Office of the Light-House Board, V 

Washington, D. C, November 8th, 1887. J 

Dear Sir — The Board has received the Commission's letter of 
November 5th, 1887, making application for buoys and for the 
tender to place them, and has given directions to have its wishes car- 
ried into effect. 

(35) 



36 NEW. JERSEY BOUNDARY COMMISSION. 

Commodore Benham has been informed that a representative of 
the Commission will communicate with him, and that all the details 
can be arranged between them. 

As to the proposed beacons, formal answer in the affirmative will 
be made at an early day. 

Very truly yours, 

R. D. EVANS, 
Commander, U. S. N., Naval Secretary. 
Lieut. G. C. Hanus, 

U. S. Navy, New York, N Y. 



Treasury Department, \ 

Office of the Light-House Board, > 

Washington, D. C, October 11th, 1887. J 

Gentlemen — Your letter of October 5th, 1887, asking permissionp 
to take at cost from the Board's stock, the buoys needed to mark the 
boundary line between New York and New Jersey in Raritan bay, 
and to have the use of a light-house tender in placing these buoys, 
has been received. 

In reply the Board has to say that it will take pleasure in granting 
your request in each instance. 

When your requisition for the buoys you want, is received, you 
will be instructed as to the method by which they are to be replaced 
in kind. 

Very respectfully, 

R, D. EVANS, 
Commander, U. S. N, Naval Secretary. 

Messrs. Cook and Hanus, 

Joint N Y. and N J. Boundary Commission, 

39 Nassau street, New York, N. Y.. 



ORIGINAL AGREEMENT AS TO BOUNDARY IJNE. 



BOUNDARY LINE BETWEEN NEW YORK AND NEW JERSEY. 

(Revision of the Laws of New Jersey, 1877, p. 1178.) 

An act to ratify and confirm an agreement made between the Com- 
missioners appointed by the Governor of the State of New York, and 
the Commissioners appointed by the Governor of the State of New 
Jersey, respecting the territorial limits and jurisdiction between the 
said States. 

Passed February 26th, 1834. 

Whereas, Commissioners duly appointed on the part of the State 
of New York, and Commissioners duly appointed on the part of New 
Jersey, for the purpose of agreeing upon and settling the jurisdiction 
and territorial limits of the two States, have executed certain articles, 
two copies for each State, which are contained in the following words : 

Agreement made and entered into by and between Benjamin F. 
Butler, Peter Augustus Jay and Henry Seymour, Commissioners duly 
appointed on the part and behalf of the State of New York, in pur- 
suance of an act of the Legislature of the said State, entitled "An 
act concerning the territorial limits and jurisdiction of the State of 
New York and the State of New Jersey," passed January 18th, 1833, 
of the one part, and Theodore Frelinghuysen, James Parker and 
Lucius Q,. C. Elmer, Commissioners duly appointed on the part and 
behalf of the State of New Jersey, in pursuance of an act of the Leg- 
islature of the said State, entitled "An act for the settlement of the 
territorial limits and jurisdiction between the States of New Jersey 
and New York," passed February 6th, 1833, of the other part. 

Article I. The boundary line between the two States of New 
York and New Jersey, from a point in the middle of the Hudson 
river opposite the point on the west shore thereof, in the forty-first 

(37) 



38 NEW JERSEY BOUNDARY COMMISSION. 

degree of north latitude, as heretofore ascertained and marked, to the 
main sea, shall be the middle of the said river, of the bay of New 
York, of the waters between Staten Island and New Jersey, and of 
Raritan bay to the main sea, except as hereinafter otherwise particu- 
larly mentioned. 

Article II. The State of New York shall retain its present jur- 
isdiction of and over Bedlow's and Ellis' islands, and shall also retain 
exclusive jurisdiction of and over the other islands lying in the waters 
above mentioned, and now under the jurisdiction of that State. 

Article III. The State of New York shall have and enjoy ex- 
clusive jurisdiction of and over all the waters of the bay of New 
York, and of and over all the waters of Hudson's river lying west of 
Manhattan islaad, and to the south of the mouth of Spuyten Duyvil 
creek, and of and over the lands covered by the said waters to the 
low-water mark on the westerly or New Jersey side thereof; subject 
to the following rights of property and of jurisdiction of the State of 
New Jersey, that is to say : 

1. The State of New Jersey shall have the exclusive right of prop- 
erty in and to the land under water, lying west of the middle of the 
bay of New York, and west of the middle of that part of the Hud- 
son river which lies between Manhattan island and New Jersey. 

2. The State of New Jersey shall have the exclusive jurisdiction of 
and over the wharves, docks and improvements made and to be made 
on the shore of the said State, and of and over all vessels aground 
on said shore, or fastened to any such wharf or dock, except that the 
aaid vessels shall be subject to the quarantine or health laws, and laws 
in relation to passengers, of the State of New York, which now exist 
or which may hereafter be passed. 

3. The State of New Jersey shall have the exclusive right of regu- 
lating the fisheries on the westerly side of the middle of the said 
waters, provided that the navigation be not obstructed or hindered. 

Article IV. The State of New York shall have exclusive juris- 
diction of and over the waters of the Kill Von Kull, between Staten 
Island and New Jersey to the westernmost end of Shooter's island, in 
respect to such quarantine laws and laws relating to passengers as now 
exist or may hereafter be passed under the authority of that State, 
and for executing the same ; and the said State shall also have ex- 
clusive jurisdiction for the like purpose, of and over the waters of 
the sound from the westernmost end of Shooter's island to Woodbridge 



NEW JERSEY BOUNDARY COMMISSION. 39 

creek, as to all vessels bound to any port in the said State of New 
Jersey. 

Article V. The State of New Jersey shall have and enjoy exclu- 
sive jurisdiction of and over all the waters of the sound, between 
Staten Island and New Jersey, lying south of Woodbridge creek, and 
of and over all the waters of Raritan bay, lying westward of a line 
drawn from the light-house at Prince's bay, to the mouth of Matavan 
creek, subject to the following rights of property and of jurisdiction 
of the State of New^ York : 

1. The State of New York shall have the exclusive right of prop- 
erty in and to the land under water, lying between the middle of the 
said waters and Staten Island. 

2. The State of New York shall have the exclusive jurisdiction of 
and over the wharves, docks and improvements made, and to be made, 
on the shore of Staten Island ; and of and over all vessels aground 
on said shore, or fastened to any such wharf or dock, except that the 
said vessels shall be subject to the quarantine or health laws, and 
laws in relation to passengers, of the State of New Jersey which now 
exist, or which may hereafter be passed. 

3. The State of New York shall have the exclusive right of regu- 
lating the fisheries between the shore of Staten Island and the middle 
of the said waters, provided that the navigation of the said waters be 
not obstructed or hindered. 

Article VI. Criminal process issued under the authority of the 
State of New Jersey against any person accused of an offense com- 
mitted within that State, or committed on board of any vessel being 
under the exclusive jurisdiction of that State as aforesaid, or com- 
mitted against the regulations made, or to be made, in relation to the 
fisheries mentioned in the third article, and also civil process issued 
under the authority of the State of New Jersey against any person 
domiciled in that State, or against property taken out of that State to 
evade the laws thereof, may be served upon any of the said waters 
within the exclusive jurisdiction of the State of New York, unless 
such person or property shall be on board a vessel aground upon or 
fastened to the shore of the State of New York, or fastened to a 
wharf adjoining thereunto, or unless such person shall be under 
arrest, or such property shall be under seizure, by virtue of process 
or authority of the State of New York. 

Article VII. Criminal process issued under the authority of the 



40 NEW JERSEY BOUNDARY COMMISSION. 

State of New York against any person accused of any oifense com- 
mitted within this State, or committed on board of any vessel under 
the exclusive jurisdiction of that State as aforesaid, or committed 
against the regulations made, or to be made, by that State in relation 
to the fisheries mentioned in the fifth article, and also civil process 
issued under the authority of the State of New York against any 
person domiciled in that State, or against property taken out of that 
State to evade the laws thereof, may be served upon any of the said 
waters within the exclusive jurisdiction of the State of New Jersey, 
unless such person or property shall be on board of a vessel aground 
upon or fastened to the shore of the State of New Jersey, or fastened 
to a wharf adjoining thereto, or unless such person shall be under 
arrest, or such property shall be under seizure by virtue of process 
or authority of the State of New Jersey. 

Article VIII. This agreement shall become binding on the two 
States when confirmed by the Legislatures thereof, respectively, and 
when approved by the Congress of the United States. 

Done in four parts (two of which are retained by the Commis- 
sioners of New York, to be delivered to the Governor of that State, 
and the other two of which are retained by the Commissioners of 
New Jersey, to be delivered to the Governor of that State), at the city 
of New York, this sixteenth day of September, in the year of our 
Lord one thousand eight hundred and thirty-three, and of the Inde- 
pendence of the United States the fifty-eighth. 

B. F. BUTLER, 
PETER AUGUSTUS JAY, 
HENRY SEYMOUR, 
THEO. FRELINGHUYSEN, 
JAMES PARKER, 
LUCIUS Q. C. ELMER. 

The above agreement was confirmed by the Legislature of the 
State of New York, February 5th, 1834, and by the Legislature of 
the State of New Jersey, February 26th, 1834, and approved by the 
Congress of the United States, June 28th, 1834. 



NEW JERSEY BOUNDARY COMMISSION. 41 

New York, November 2d, 1887. 
Clear and pleasant ; very smooth sea ; calm to very light westerly 
wind. 

Angles taken at proposed site of monument to mark the turning 
point of the New York and New Jersey boundary line between Great 
Beds light-house and Romer beacon. 

Wilson beacon to Prince's bay light-house, 99° 41' 30". 

Prince's bay light-house to Episcopal church, 64° 9'. 

Episcopal church to front, 83° 14'. 

Front to Wilson beacon, 112° 55' 30". 

Seven feet water at M. L. W. 

Copy verified. 

W. G. FORD, Je. 

Angles taken at Buoy No. 1 on line between proposed monument 
.^nd Romer beacon. 

Cupola to Dental Works, 113° 37'. 
Dental Works to Episcopal church, 71° 3'. 
Sixteen feet water at M. L. W. 



42 NEW JERSEY BOUNDARY COMMISSION. 

State of New Jeesey, ^ 

[Stamp.] Executive Department, V 

Trenton, April 14th, 1887. J 
(Dictated.) 

To His Excellency David B. Hill, Governor, Albany, N. Y. : 

Sir — I have the honor to inform you that the Governor has this 
day appointed George H. Cook, of New Brunswick, Robert C. Bacot, 
of Jersey City, and A. B. Stoney, of Keyport, as Commissioners 
under Joint Resolution No. 6, approved April 20th, 1886, of which 
a copy is herewith transmitted ; said Commissioners to meet the Com- 
missioners appointed by yourself, March 21st, 1887, as per letter of" 
Mr. Rice of that date. 

Very respectfully, 

ROBERT S. GREEN, Jr., 

Private Secretary. 
(Enclosure.) 

[Stamp.] State of New Jersey. 

Joint Resolution authorizing the appointment of a commission to 
locate and mark out the boundary line between the state of New 
Jersey and the state of New York in Raritan bay. 

Whereas, Disputes are constantly arising between citizens of this 
state and citizens of the state of New York engaged in the shell 
fisheries in Raritan bay, as to the boundary line between the two 
states in lands under water of said Raritan bay ; and whereas, that 
by reason of the absence of any means to locate the boundary line,, 
there exists an uncertainty about the true location thereof between 
the state of New Jersey and the state of New York, as defined in 
the act entitled "An act for the settlement of the territorial limits and 
jurisdiction between the states of New Jersey and New York," passed 
the sixth day of February, one thousand eight hundred and thirty- 
three ; now therefore, 

1. Be it resolved by the Senate and General Assembly of the 
State of New Jersey, That the governor of this state be, and he is 
hereby authorized to appoint three commissioners, with power on the 
part of the state to meet any authorities of the state of New York 
who may be duly authorized, and with them locate and mark out by 
proper buoys the boundary line between the two states in lands under 
water in Raritan bay ; that the expenses of said commission shall be 
paid by the treasurer, on the warrant of the comptroller, after being 
first approved by the governor. 

2. And be it resolved. That this resolution take effect immediately o. 



NEW JERSEY BOUNDARY COMMISSION. 43 

State of New Jersey, 1 
Department of State, j 

I, Henry C. Kelsey, Secretary of State of the State of New Jersey, 
do hereby certify that the foregoing is a true copy of a Joint Resolu- 
tion passed by the Legislature of this State, and approved by the Gov- 
ernor the 20th day of April, a. d. 1886, as taken from and compared 
with the original now on file in my office. 

In witness whereof, I have hereunto set my hand and affixed my 
official seal at Trenton, this 14th day of April, 1887. 

[l. s.] H. C. kelsey, 

Secretary of State. 



State of New Jersey. 

I, Robert S. Green, Governor of the State of New Jersey, do 
hereby certify that Henry C. Kelsey, Esq., who hath signed the 
annexed certificate, and whose official seal is thereto annexed, was, at 
the doing thereof, and now is, Secretary of State of the State of New 
Jersey, duly appointed, commissioned and sworn, and that full faith 
and credit are to be given to his official attestations ; that the said 
signature is in the proper handwriting of the said Henry C Kelsey, 
and the seal his seal of office, and that the said certificate is in due 
form of law and by the proper officer. 

In witness whereof, I have hereunto set my hand and caused the 
great seal of the State of New Jersey to be hereunto affixed, at the 
city of Trenton, in said State, this 14th day of April, a. d. 1887, 
and of the Independence of the United States, the one hundred and 

eleventh. 

ROBERT S. GREEN. 
By the Governor : 

Henry C. Kelsey, 

Secretary of State. 



FINANCIAL STATEMENT. 



Expenses of Commissioners of the State of New Jersey appointed 
to locate and mark out the boundary line between the States of New 
Jersey and New York in Raritan Bay. 

1887, May. Expenses of Commissioner Bacot to Washington, D. 

C, to examine documents.. $19 25 

Type-writing of documents 6 84 

T. S. Negus, for charts of New York and Raritan bays... 2 00 

Expensesofmeeting Joint Commission in Jersey City.. 11 65 

E. P. Doyle, Secretary, for half expense of Washing- 
ton projection of Raritan bay, $42.86 21 43 

For report and map of Maryland and Virginia Bound- 
ary Line Commission and expressage 10 50 

Aug. T. S. Negus, for charts of New York bay and vicinity.. 5 25 

Evening Journal Company, for printing documents... 13 00 

E. P. Doyle, Secretary, for half expense of copies of 
Washington projection maps of Raritan bay, 
$64.14 32 07 

Petty cash for postage, telegrams, expressage, &c 5 00 

Commissioner Cook's traveling expenses and dis- 
bursements 34 06 

Commissioner Stoney's traveling expenses and dis- 
bursements 23 00 

Expenses of New Jersey Commissioners attending 

meeting in New York 2 20 

Oct. For tracing of part of Raritan bay 1 00 

Expenses of Commissioners Cook and Bacot to 

Trenton 2 05 

Earle & Harrison, services of draftsman on maps, 

$36 18 00 

E. P. Doyle, services as Secretary of Joint Commis- 
sion, $500 250 00 

Type- writing of Agreements, $2; petty cash postage, 

&c., 86cents 2 86 

For one-half expense of hire of tugboat for visit of 

Joint Commission to Raritan bay, $75 37 50 

(45) 



46 NEW JERSEY BOUNDARY COMMISSION. 

1887, Nov. For one-half C. A. Jones' bill for buoy materials, 

$37.72 $18 86 

For one-half expense of work placing buoys, $51.50.... 25 75 

For one-half expense of printing for Joint Commis- 
sion, $50 25 00 

S. W. Hodges, for tracings of boundary line maps for 

lithographer, and for Light-House Board 10 60 

For services of J. C. Payne, making tracings of maps 
and calculations of areas of lands under water in 
Karitan bay 25 00 

For professional services of G. R. French and W. G. 
Ford, Jr., in placing buoys upon the boundary 

line agreed upon, $200 100 00 

Dec. To Julius Bien & Co., for furnishing 1,000 copies of 
lithograph map of Raritan bay and vicinity, show- 
ing boundary line agreed upon, buoys and mon- 
uments 84 00 

To petty cash paid out by Secretary for telegrams, 

postage, expressage, &c 5 70 

Total $792 57 

Trenton, Dec. 31st, 1887. 



JUN 20 UOfe 



9 3Cl 90Z tI0 



